TERMS AND CONDITIONS

These Terms and Conditions (Terms and Conditions or Agreement) provides the terms and conditions under which you (Player, you, your) may become a Member of Padel Inn and/or obtain services, including booking a court, from The Padel Inn Group Limited (Company Number 16221124) being a company incorporated in England and Wales with registered office address at 25 Dulverton Road, Witton, Birmingham, West Midlands, United Kingdom, B6 7EQ (Padel Inn, the Company, we, us, our). These Terms and Conditions constitute a valid and legally binding agreement between you and Padel Inn.

We may change this Agreement at any time by updating the Terms and Conditions page on our website www.padel-inn.com (Website), and your using the Padel Inn services following such an update will represent an agreement by you to be bound by the Terms and Conditions as amended. However, we will only increase your Membership Fees in accordance with clause 7.7 below.

YOUR KEY INFORMATION

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after ordering services, in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used. This means you can cancel your Membership within the first 14 days from the Commencement Date and receive a refund of the Membership Fees.

The Consumer Rights Act 2015 says:

• you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
• if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
• if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

1. THIS AGREEMENT
   These Terms and Conditions will apply to all Players and their dealings with Padel Inn, including being incorporated in all agreements under which you request Padel Inn to provide services to you such as booking a court via www.playtomic.com (Booking Site), or your order and payment of your Membership (each a Booking Form) together with any additional terms included in such a Booking Form (provided such additional terms are recorded in writing).

   The Player will be taken to have accepted this Agreement if the Player submits a Booking Form (but noting that your Membership may be accepted or declined by us in our sole discretion) or if the Player accepts and pays for any Membership Tier provided by Padel Inn after receiving or becoming aware of this Agreement or these Terms and Conditions (Membership).

2. ELIGIBILITY CRITERIA
   1. Capacity and Age
      1. The Player warrants that he/she has the legal capacity and are of sufficient age to enter into a binding contract with us.
      2. The Player acknowledges and agrees that he/she must be at least 18 years of age to hold a Membership or make a Booking.
   2. General
      1. The Player must provide Padel Inn with all documentation, information and assistance reasonably required for Padel Inn to provide offer the services to the Player.
      2. The Player agrees and acknowledges that Membership in Padel Inn is granted on a discretionary basis and Padel Inn shall have the sole discretion over who to accept and enter into an agreement as a Player of Padel Inn.
      3. If you submit a Booking Form on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “Player” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this Agreement on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
3. MEMBERSHIPS
   1. TERM
      1. Your Membership commences on the Commencement Date and continues for 1 month (Initial Term), and any applicable Renewal Period until terminated in accordance with clause 11.
      2. Subject to clause 3.1(c), upon expiration of the Initial Term, this Agreement and your Membership will automatically and indefinitely renew on an ongoing monthly basis (Renewal Period).
      3. This Agreement and your Membership will not automatically renew on expiry of the Initial Term or Renewal Period (Renewal Date) if you provide a written prior to the Renewal Date.
   2. MEMBERSHIP INCLUSIONS
      In consideration for you paying the applicable Membership Fees, we will provide you with the services and benefits included with your Membership as set out on our Website.
4. COURT BOOKINGS
   1. Players may book a court at the Club for their personal use using the Booking Site or our Website (Court Booking).
   2. Court Bookings are limited to the dates and times as set out on the Booking Site or our Website and subject to change.
   3. A Court Booking is not confirmed until we send a confirmation email confirming your Court Booking.
   4. We reserve the right to cancel a Court Booking at any time.
   5. If you wish to cancel a Court Booking, you must provide us with at least 24 hours prior notice (Cancellation Notice). If you do not provide us with the require Cancellation Notice, any Booking Fees shall be retained.
5. PLAYER’S OBLIGATIONS
   1. Compliance with Padel Inn rules
      1. You must comply and shall procure that your Guests comply with Padel Inn rules (Padel Inn Player Rules) set out on our Website as updated from time to time. In the event of any discrepancy or inconsistency between the provisions of this Agreement and Padel Inn Player Rules, this Agreement will prevail except to the extent that we update Padel Inn Player Rules on our Website and such inconsistency is solely in respect of Padel Inn Player Rules on our Website, in which case the Website shall prevail.
      2. The Player shall not permit Players of the public to access to the Club, save in accordance with this Agreement and Padel Inn Player Rules.
      3. The Player must not take, copy or use any information or intellectual property belonging to Padel Inn and it is the Player’s responsibility to maintain effective controls over any rights in or title to any intellectual property rights in any materials they may have.
      4. The Player must not cause any damage to the Club, its equipment, fixtures, fittings and furnishings. The Player must notify Padel Inn or its authorised representatives immediately of any damage caused. The Players shall be liable for any damage caused by him/her or those in the Club with the Player’s express or implied permission or at the Player’s invitation, including but not limited to all of the Players Guests (as defined in clause 5.3) or other persons present in the Club.
      5. Padel Inn and its authorised representatives, may, at any time, limit access to all or part of the Club or Facilities. We will give the Player reasonable prior notice before doing so and we will use reasonable endeavours to minimise any inconvenience.
      6. The Player must not:
         1. do or permit to be done anything which is illegal or which may be or become a nuisance, damage, behave recklessly, annoyance, inconvenience or disturbance to Padel Inn or to other Players or occupiers of the Club;
         2. bring on, use any inflammable or combustible materials or fluid, weapons or use any method of heating or air conditioning other than that supplied by Padel Inn or its authorised representatives;
         3. do any act, matter or thing which would or might constitute a breach of any laws.
      7. The Player must comply with all relevant laws and regulations in relation to the Club or their use and the conduct of its business in relation to this Agreement. Both the Player and Padel Inn shall comply at all times with all relevant anti-bribery and anti-corruption laws.
      8. The Player shall remain solely responsible for the safety of his/her belongings and property and permitted guests. For the avoidance of doubt, Padel Inn shall have no liability whatsoever in relation to any irrecoverable loss or damage resulting from any failure by the Player to ensure the safety of his/her belongings and property.
   2. LOCKERS
      1. We may, in our sole discretion, offer lockers within the Club (Lockers) to Players to rent at an additional fee.
      2. We shall have no responsibility to you for any of the contents stored in a Locker, and you are solely responsible for any loss or damage as a direct or indirect consequence of your use of Lockers.
      3. You must not store any foods, liquids, plants, flammable material, perishables, or illegal substances within a Locker.
   3. RACKETS
      1. We may offer padel rackets (Rackets) for hire at the Club for a fee (Racket Fee).
      2. To hire a Racket, you must pay us the Racket Fee together with a refundable deposit (Deposit).
      3. The Racket Fee and Deposit is payable by eftpos at the Club.
      4. We will refund the Deposit provided you return the Racket to us without damage.
      5. If you:
         1. Fail to return the Racket, including if the Racket is lost or stolen while in your care; or
         2. Return the Racket but it is damaged beyond reasonable wear and tear,
      6. We reserve the right to retain the Deposit to cover the cost to replace or repair the Racket.
      7. Any refund of the Deposit shall be by refund to the same payment method used to pay the Deposit. You acknowledge and agree that it may take a few days for the Deposit to be back in your bank account.
   4. GUESTS
      1. You may invite guests (Guests) into the Club subject to the following conditions:
         1. Guests are only permitted in the Club if you have a Court Booking, and up to a maximum of players (including you) as specified in your Court Booking; and
         2. You must accompany your Guests at all times whilst in the Club, and Guests are not permitted within the Club if you are not present in the Club.
      2. Guests may also purchase:
         1. Court Bookings; and/or
         2. tickets to events hosted by Padel Inn (Club Events), subject to availability and any capacity limits.
6. DISCLAIMER
   1. You acknowledge and agree that your use of the Padel Inn Club is at your own risk. We provide the Court Booking on an “as-is” basis and whilst every effort is made to ensure the information provided through the Padel Inn is accurate, we make no representations and give no warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of anything.
   2. You acknowledge and agree that any information made available in connection with Padel Inn is general in nature and does not constitute medical, legal, financial, business or any other type of advice. Any information provided to you and in any linked or referred to materials or websites is not and should not be construed as medical, legal, financial or business advice. Information provided during the provision of the Services and each Padel Inn by us and our associated companies, staff, presenters and volunteers is for educational and informational purposes only.
   3. Your participation in or use of the Court Booking includes the risk of physical injury which may be serious and disabling. Before participating in any activity, you must evaluate whether your current skills and physical condition allow you to participate in a safe manner.
   4. You must not use the Court Booking or participate in any Club Events if your participation may increase your risk of further injury or if it is unsafe for you.
   5. You assume full risk and responsibility for your participation in Club Events or utilisation of any Court Bookings.
   6. If you sustain an injury, you must immediately stop your activity and seek medical attention.
   7. You are responsible for bringing any equipment or additional items you need for the Court Booking or Club Events. We will not be responsible for any loss, damage or theft of any of your equipment or other items that you bring with you to the Club.
7. PAYMENT
   1. Membership Fees
      1. If you sign up for our Membership you must pay Membership fees to us in the amounts specified on the Website, Booking Site, or as otherwise agreed in writing (Membership Fees).
      2. All Membership Fees must be paid in advance and are, subject to any consumer rights you may have, non-refundable for change of mind.
      3. Unless otherwise agreed in writing, the Membership Fees are due and payable on a recurring basis for the duration of your Membership, with the first payment being due on the Commencement Date and at the beginning of every Renewal Period thereafter.
   2. Court Booking Fees
      1. If you make a Court Booking you must pay the court booking fees as set out on our Website, Booking Site, or as otherwise agreed in writing at the time of making your Court Booking (Booking Fees).
      2. If you cancel a Court Booking, you will only be eligible for a refund of Booking Fees if you provide us with the Cancellation Notice as set out in clause 4(e).
   3. Special Prices
      1. We may from time to time, in our sole discretion, offer special prices or discounts on our Membership Fees or Booking Fees (Special Prices).
      2. We reserve the right to set conditions for any Special Prices we may offer, and such conditions will form part of this Agreement.
   4. Late Payments
      1. We reserve the right to suspend all or part of your Membership indefinitely if you fail to pay any Membership Fees in accordance with this clause 7.
      2. We reserve the right to cancel your Court Booking if you do not pay the Court Booking Fees in advance.
   5. Additional Services
      In the event that any Additional Services are provided by us (including without limitation any Club Events or Locker rental) the Player shall pay the applicable fees and taxes. Any additional fees shall be invoiced and paid in full in advance of the provision of any Additional Services. If the Player disputes any part of an invoice the Player must pay the amount not in dispute by the due date.
   6. Direct Debit
      1. Your Membership will continue to renew on an automatic indefinite basis unless you notify us that you wish to cancel in accordance with this clause 7.
      2. While your Membership is maintained, your Membership Fees will continue to be debited at the beginning of each Renewal Period from the payment method you nominated when you registered for your Membership.
      3. By signing up for a recurring Membership, you acknowledge and agree that your Membership has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Membership
   7. Fee Increases
      We reserve the right to increase the Membership Fees at any time by giving you a 30-day notice of such increase. The new Membership Fees shall take effect upon the expiry of your Initial Term.
   8. Payment Processor
      Payments are processed by our Booking Site Playtomic. Playtomic’s terms and conditions shall apply in addition to these terms and conditions when you make a Court Booking or sign up for Membership via Playtomic. Playtomic’s terms and conditions can be found here: https://playtomic.com/legal-conditions.
8. THIRD PARTY TERMS
   1. Any service that requires Padel Inn to acquire goods and services supplied by a third party on behalf of the Player (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
   2. You agree to familiarise yourself with any Third Party Terms applicable to any such goods and services and, by instructing Padel Inn to acquire the goods or services on your behalf, you will be taken to have agreed to such Third Party Terms.
9. LIABILITY AND INDEMNITIES
   1. No Reliance
      The Player acknowledges that in deciding to pay for the Membership or a Court Booking in entering into this Agreement the Player has not relied on the skill or judgment of Padel Inn and that the Player has satisfied itself as to the outcome of the Membership or Court Booking.
   2. Limitation of Liability
      1. To the maximum extent permitted under applicable law, and without limiting any of the Player’s rights under applicable law, Padel Inn shall not be liable to the Player in respect of any loss or damage the Player suffers in connection with this Agreement or the services contemplated under this Agreement, unless Padel Inn has acted deliberately or negligently in causing that loss or damage. In no circumstances shall Padel Inn be liable for any loss or damage until the Player gives Padel Inn written notice of the loss or damage and gives Padel Inn a reasonable opportunity to rectify the breach.
      2. To the maximum extent permitted under applicable law, and without limiting any of the Player’s rights under applicable law, Padel Inn’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Agreement:
         1. is excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits or loss of goodwill; and
         2. is limited, insofar as it concerns other liability, to the total money paid to Padel Inn under this Agreement as at the date the Event giving rise to the relevant liability occurred (or, where there are multiple Club Events, the date of the first such Event).
      3. Nothing in this Agreement shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
      4. Nothing in this Agreement is intended to limit the operation of the applicable UK consumer laws.
   3. Indemnity
      1. The Player agrees to indemnify Padel Inn from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) arising out of:
         1. any breach of this Agreement by the Player;
         2. any negligent, fraudulent or criminal act or omission of the Player; or
         3. an event, where circumstances giving rise to a claim, were caused or contributed to by the Player.
   4. Warranties
      1. To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to performance or otherwise) not expressly stated in this Agreement are excluded.
      2. Nothing in this Agreement is intended to limit the operation of the applicable UK consumer laws.
10. PRIVACY
    1. We will collect personal information about you as set out in our Privacy Policy, which is available here: https://padel-inn.comprivacy-policy/.
11. CANCELLATION
    1. By Padel Inn
       1. Padel Inn may terminate this Agreement in whole or in part immediately by written notice to the Player.
       2. If Padel Inn cancels a Player’s Membership due to the Player’s breach of any terms of this Agreement, any Membership Fees shall not be refunded.
    2. By the Player
       1. Your Membership has an Initial Term as set out on the Booking Form.
       2. If you have signed up for your Membership Online, you may terminate your Membership and receive a full refund provided you cancel your Membership by written notice to us within 14 days of the Commencement Date (cooling-off period). Upon the expiry of the cooling off period, you may terminate your Membership at any time by providing us with written notice (Termination Notice), and your Membership will terminate upon the expiry of the relevant Term. Any Membership Fees paid will be non-refundable after the expiry of the cooling-off period.
    3. Accrued Rights
       If this Agreement is terminated under any of the provisions of this clause 11, such termination is without prejudice to the rights and remedies of either party in respect of any prior breach of any obligations under this Agreement, including the obligation to pay for any Additional Services.
12. DISPUTES
    1. DISPUTES BETWEEN PLAYERS
       1. We do not control and are not responsible for the actions of other Players or any other third parties (including any Guests or pets). If a dispute arises between Players or their Guests or pets, we shall have no responsibility or obligation to participate, mediate or indemnify any party.
       2. You indemnify us against all claims, losses, costs, expenses, damages and liability arising out of or in connection with your Membership or use of the Club or any services.
    2. DISPUTE RESOLUTION
       1. A party claiming that a dispute has arisen under or in connection with this Agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
       2. A party that requires resolution of a dispute which arises under or in connection with this Agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
       3. Notwithstanding the above, in case any dispute arises as to the meaning or interpretation of Padel Inn Player Rules, the dispute shall be first referred to the Management, whose decision with respect to your Membership shall be final and without appeal.
       4. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
13. NOTICES
    1. A notice or other communication to a party under this Agreement must be:
       1. in writing and in English; and
       2. delivered via email to the other party, to the email address specified in this Agreement, or if no email address is specified in this Agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this Agreement as at the date of this Agreement (“Email Address”). The parties may update their Email Address by a written notice to the other party.
    2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
       1. 24 hours after the email was sent; or
       2. when replied to by the other party, whichever is earlier.
14. GENERAL
    1. Governing Law and Jurisdiction
       This agreement is governed by the laws of England. Each party irrevocably submits to the exclusive jurisdiction of the courts of England in respect of any proceedings arising out of or in connection with this Agreement.
    2. Amendments
       This Agreement may only be amended in accordance with a written agreement between the parties.
    3. Waiver
       No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
    4. Severance
       Any term of this Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this Agreement is not limited or otherwise affected.
    5. Assignment
       The Membership is personal to the Player and cannot be assigned, transferred or otherwise disposed of to any third person. The Player shall not loan their Membership or permit them by anyone to take benefit of the Membership. Padel Inn may assign the benefit of this Agreement to a third party at any time without any notice to the Player.
    6. Counterparts
       This Agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this Agreement and all together constitute one agreement.
    7. Costs
       Except as otherwise provided in this Agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this Agreement.
    8. Entire Agreement
       These Terms and Conditions/Agreement along with Padel Inn’s Website Terms of Use and Padel Inn’s Privacy Policy constitute the entire agreement between the Player and Padel Inn and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement. The Terms and Conditions in this Agreement shall be read-along with Padel Inn’s Website Terms of Use and Padel Inn’s Privacy Policy.
15. Third Party Rights
    Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or other benefits pursuant to the Contracts (Rights of Third Parties) Act 1999 in favour of any person other than the parties to this Agreement.
16. DEFINITIONS
    Unless otherwise defined otherwise in this Agreement, the capitalised terms used in this Agreement shall have the following meanings:

    Additional Services – means such services as may be provided by Padel Inn to the Player on request, from time to time, during the Term of the Membership. 
    Commencement Date – means the date on which the Player’s Membership Subscription begins.
    The Club – means Padel Inn private Players club based on Islington, London
    Padel Inn Player Rules – has the meaning given to it in clause 5.1.
    Management – has the meaning given to it in the Annexure. 
    Booking Form – has the meaning given to it in clause 1.
    Membership Tiers – means the tiers of Membership as listed on the Website. 
    Membership Fees – has the meaning given to it in clause 7.1. 
    Personnel – means, in respect of Padel Inn, Padel Inn’s officers, employees, contractors (including subcontractors) and agents. 

17. INTERPRETATION
    1. In this Agreement, the following rules of interpretation apply:
       1. (singular and plural) words in the singular includes the plural (and vice versa)
       2. (gender) words indicating a gender includes the corresponding words of any other gender;
       3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
       4. (person) a reference to “person” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
       5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
       6. (this Agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment, appendix or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments, appendices and annexures to it;
       7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
       8. (currency) a reference to “£” or “pound” is to Great Britain currency;
       9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
       10. (writing or written) includes email;
       11. (includes) the word “includes” and similar words in any form is not a word of limitation; and
       12. (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.